The High Court dismissed an appeal against the award of compensation in a land acquisition case. The Court held that the enhancement granted by the Reference Court was reasonable and reflected the correct market value at the relevant time.
The application under Rule 33 was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932
LA.App..No. 115 of 2011() --------------------------------LAR.34/2006 of PRL.SUB COURT, KOTTAYAM .................... APPELLANT/RESPONDENT NO.1 IN LAR :-
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STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM.
SR.GOVT. PLEADER SMT.LATHA T. THANKAPPAN
RESPONDENTS/CLAIMANTS AND R2 IN LAR :-
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1. S.RAJESWARY, W/O.R.SREENIVASAN, THRIKARTHIKA, T.B.ROAD, CHANGANASSERY, PIN-686 101.
2. THE EXECUTIVE ENGINEER, ELECTRIAL TRANSMISSION DIVISION,KSEB, POOVANTHURUTUHU, KOTTAYM-686012.
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
jvt
LA.App..No. 115 of 2011
ORDER IN I.A.No.320/11 IN L.A.A.No.115/2011
Dismissed.
Sd/PIUS C. KURIAKOSE, JUDGE. Sd/N.K.BALAKRISHNAN, JUDGE.
2.2.2011.
//True Copy//
P.A. to Judge
PIUS C. KURIAKOSE & N.K.BALAKRISHNAN, JJ.
L.A.A. No.115 of 2011
Dated this the 2nd day of February 2011
J U D G M E N T
Pius C. Kuriakose, J.
Even though attractive grounds are raised in the appeal and Smt.Latha T. Thankappan, the learned Senior Govt. Pleader addressed strenuous arguments based on them. Having gone through the impugned judgment and having taken into account the importance of locality as emerging from the evidence on record, it is clear to our mind that the enhancement granted by the Reference Court is quite reasonable. We are sure that it is more or less the correct market value at the relevant time arrived at by the learned Sub Judge. Hence the appeal is dismissed. No costs.
PIUS C. KURIAKOSE, JUDGE.
N.K.BALAKRISHNAN, J UDGE.
Jvt
1 issue framed by the court
Whether the enhancement of land compensation awarded by the Reference Court is reasonable and correct.
1 provisions across 1 enactments
LAR.34/2006 of PRL.SUB COURT, KOTTAYAM
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM
S.RAJESWARY
THE EXECUTIVE ENGINEER, ELECTRIAL TRANSMISSION DIVISION,KSEB
PIUS C.KURIAKOSE
N.K.BALAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
